Sevin v. BP America, Inc. et al

Filing 49

ORDER denying 37 Motion for Sanctions, Motion to Strike witnesses. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ROXANNE SEVIN

CIVIL ACTION

VERSUS

NO. 10-1864

BP AMERICA, INC. ET AL.

MAGISTRATE JUDGE
JOSEPH C. WILKINSON, JR.

ORDER ON MOTION
APPEARANCES: None (on the briefs)
MOTION:

Defendants’ Motion for Sanctions and to Strike Witnesses, Record
Doc. No. 37

O R D E R E D:
XXX : DENIED. Under the circumstances involving the disqualification of plaintiff’s
former counsel on defendants’ motion and the recent enrollment of new counsel for
plaintiff, including the prompt remedial efforts and actions of plaintiff’s new counsel to
resolve these issues, as reflected in the opposition memorandum, Record Doc. No. 45, I
decline to exercise the court’s discretion established by use of the word “may” in Rules
37(b)(2)(A) and 37(c)(1). The requested sanctions will not be imposed.

11th
New Orleans, Louisiana, this _________ day of January, 2012.

JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE